Florida State University Law Review Volume 36 Issue 1 Article 3 2008 Holocaust Denial and the Concept of Dignity in the European Union John C. Knechtle
[email protected] Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Law Commons Recommended Citation John C. Knechtle, Holocaust Denial and the Concept of Dignity in the European Union, 36 Fla. St. U. L. Rev. (2008) . https://ir.law.fsu.edu/lr/vol36/iss1/3 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact
[email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW HOLOCAUST DENIAL AND THE CONCEPT OF DIGNITY IN THE EUROPEAN UNION John C. Knechtle VOLUME 36 FALL 2008 NUMBER 1 Recommended citation: John C. Knechtle, Holocaust Denial and the Concept of Dignity in the European Union, 36 FLA. ST. U. L. REV. 41 (2008). HOLOCAUST DENIAL AND THE CONCEPT OF DIGNITY IN THE EUROPEAN UNION JOHN C. KNECHTLE∗ ABSTRACT On April 19, 2007, the Justice and Home Affairs Council of the European Union adopted the Framework Decision on Racism and Xenophobia (the “Framework Decision”),1 which seeks to initiate sub- stantial hate speech regulation throughout the European Union, in- cluding public speech which condones, denies, or grossly trivializes the crimes defined by the Nuremberg Tribunal, namely the Holo- caust.2 Although the Framework Decision does not have direct effect in member states and the European Commission does not have powers to initiate enforcement actions, the Framework Decision asks Euro- pean Union member states to enact legislation that criminalizes vari- ous forms of pure speech based on their content alone.3 In my recent writing on this subject, I formulated a set of factored principles which address the issues of when and how governmental 4 entities should regulate hate speech.